TMI Blog2023 (6) TMI 923X X X X Extracts X X X X X X X X Extracts X X X X ..... exemption, we allow this appeal condoning the delay in filing the Audit Report in Form No. 10B. However, we also upon condoning the delay, restore the matter to the file of the CIT(A) to pass order in regard to the exemption claimed by the assessee strictly in accordance with law. Assessee s appeal is allowed for statistical purposes. - I.T.A. No. 245/Ahd/2021 - - - Dated:- 16-6-2023 - Shri Waseem Ahmed, Accountant Member And Ms. Madhumita Roy, Judicial Member For the Appellant : Shri Chirag Shah, AR For the Respondent : Shri Rajdeep Singh, Sr. D.R. ORDER PER Ms. MADHUMITA ROY - JM: The instant appeal filed by the assessee is directed against the order dated 01.09.2021 passed by the National Faceless Appeal Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he proposed rectification was sent on 07.11.2019. However, no response has been received to the proposed rectification. Hence, it is deemed that you do not have any objection to the proposed rectification. The condonation effect wrongly given is therefore reverted. 5. The main contention by the Ld. Counsel appearing for the assessee before us is this that the filing of Audit Report is a substantive requirement but the mode and stage of filing is a procedural one. Once it is filed under Form 10B and made available with the Assessment Officer before assessment initiates, the purpose is served. 6. In this regard, Ld. Counsel relied upon the judgment passed by the Hon ble Gujarat High Court in case of Association of Indian Panelboard Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 12 (2) of the Income Tax Rules, 1962 but there is no change with regard to the substantive law about filing of audit report as stated above. 6. The moot aspect thus centres around to the requirement of the availability of the audit report when the assessment was undertaken by the Assessing Officer even though the same may not have been filed along with the return of income. Filing of audit report is held to be substantive requirement but not the mode and stage of filing, which is procedural. Once the audit report in Form 12B is filed to be available with the Assessing Officer, before assessment proceedings take place, the requirement of law is satisfied. In that view, the Income Tax Tribunal was not justified in dismissing the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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